Contractor s All Risks Insurance Policy Policy Wordings · Contractor’s All Risks Insurance Policy (Policy Wordings) IRDAI Reg No.: 155 CIN: U66000MH2016PLC28327 PRODUCT UIN: IRDAN155P0021VO1201718

DHFL General Insurance Limited

Registered & Corporate Office: - 2nd Floor, DHFL House, 19, Sahar Road, Off Western Express Highway, Ville Parle (East), Mumbai - 400099 Contractor’s All Risk Insurance Policy (Policy Wordings) IRDAI Reg No.: 155 CIN: U66000MH2016PLC28327 PRODUCT UIN: IRDAN155P0021VO1201718 Phone: 022-71155900 Web: www.dhflinsurance.com Email: [email protected]

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Contractor’s All Risks Insurance Policy

Policy Wordings

WHEREAS the Insured named in the Schedule hereto had made to DHFL GENERAL INSURANCE LTD. (hereinafter called "the Company") a written proposal by completing a proposal form which together with any other statements made in writing by the Insured for the purpose of this Policy is deemed to be incorporated hereto. NOW THIS POLICY OF INSURANCE WITNESSETH that subject to and in consideration of the Insured having paid to the Company, the premium mentioned in the Schedule and subject to the terms, exclusions, provisions and conditions contained herein or endorsed hereon the Company will indemnify the Insured in the manner and to the extent hereinafter provided.

GENERAL EXCLUSIONS -

The Company will not indemnify the Insured in respect of loss, damage or liability, directly or indirectly, caused by or arising out of or aggravated by –

(a) War, invasion, act of foreign enemy, hostilities or war like operations (whether war be declared

or not) civil war, rebellion, revolution, insurrection, mutiny, civil commotion, military or usurped power, martial law, conspiracy, confiscation, commandeering a group of malicious persons or persons acting on behalf of or in connection with any political organisation, requisition or destruction or damage by order of any Government de jure or defacto or by any Public, Municipal or Local Authority;

(b) Nuclear reaction, Nuclear radiation or Radioactive contamination;

(c) Wilful act or wilful negligence of the Insured or of his responsible representative;

(d) Cessation of work whether total or partial. In any action, suit or other proceedings where the Company, allege that by reason of the provisions of Exclusion (a) above any loss, destruction, damage or liability is not covered by this insurance, the burden of proving that such loss, destruction, damage or liability is covered shall be upon the Insured.

(e) Terrorism Damage Exclusion Warranty: Notwithstanding any provision to the contrary within this insurance it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force of violence and/or the threat thereof, of any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purpose including the

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DHFL General Insurance Limited Registered & Corporate Office: - 2nd Floor, DHFL House, 19, Sahar Road, Off Western Express Highway, Ville Parle (East), Mumbai - 400 099 Contractor’s All Risks Insurance Policy (Policy Wordings) IRDAI Reg No.: 155 CIN: U66000MH2016PLC28327 PRODUCT UIN: IRDAN155P0021VO1201718 Phone: 022-71155900 Web: www.dhflinsurance.com Email: [email protected]

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intention to influence any government and/or to put the public, or any section of the public in fear. The warranty also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to action taken in respect of any act of terrorism. If the Company alleges that by reason of this exclusion, any loss, damage, cost or expenses is not covered by this insurance the burden of proving the contrary shall be upon the Insured.

In any action, suit or other proceedings where the Company, alleges that by reason of the provisions of Exclusion (a) above any loss, destruction, damage or liability is not covered by this insurance, the burden of proving that such loss, destruction, damage or liability is covered shall be upon the Insured.

PERIOD OF COVER - Construction Period -

The liability of the Company shall commence, (notwithstanding any date to the contrary specified in the Schedule) only from the time of commencement of work after the unloading of the property specified in the Schedule from any conveyance at the site specified in the Schedule whichever is earlier and shall expire on the date specified in the Schedule. However, the Company’s liability expires also for parts of the insured contract works taken over or put into service by the Principal prior to the expiry date specified in the policy whichever shall be earlier. ‘If actual construction period is shorter than the period indicated in the Schedule, no refund of premium shall be allowed unless specifically allowed by the Company.’ At the latest, the insurance shall expire on the date specified in the Schedule but if the work of construction included in the insurance is not completed within the time specified hereunder, the Company may extend the period of insurance, but the Insured shall pay to the Company additional premium at rates to be prescribed by the Company. GENERAL CONDITIONS –

Condition precedent to the Contract:

1) The due observance and fulfilment of the terms of this Policy in so far as they relate to anything

to be done or complied with by the Insured and the truth of the statements and answers in the questionnaire and proposal made by the Insured shall be a condition precedent to any liability of the Company.

Conditions during the Contract:

2) The Schedule and the Section(s) shall be deemed to be incorporated in and form part of this Policy and the expression ‘this Policy’ wherever used in this contract shall be read as including the Schedule and the Section(s). Any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule or of the Section(s) shall bear such meaning wherever it may appear.




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3) The Insured shall at his own expense take all reasonable precautions and comply with all

reasonable recommendations of the Company to prevent loss, damage or liability and comply with statutory requirements and manufacturers' recommendations.

4) (a) Representatives of the Company shall at any reasonable time have the right to inspect and examine the risk and the Insured shall provide the representatives of the Company with all details and information necessary for the assessment of the risk. (b) The Insured shall immediately notify the Company by telephone and in writing of any material change in the risk and cause at his own expense such additional precautions to be taken as circumstances may require, and the scope of cover and/or premium shall, if necessary, be adjusted accordingly. No material alteration shall be made or admitted by the Insured where by the risk is increased unless the continuance of the insurance be confirmed in writing by the Company.

5) This insurance may be terminated at the request of the Insured at any time in which case the Company will refund appropriate premium amount subject to the following conditions –

a) Claims experience under the Policy as on date of cancellation should be less than 60 % of reworked premium.

b) The unexpired period is not less than 3 months or 25 % of the Policy period whichever is less. c) Testing period should not have commenced.

This insurance may also at any time be terminated at the option of the Company, by sending fifteen days’ notice by recorded delivery to the insured at insured's last known address on the grounds of misrepresentation, fraud, non-disclosure of material facts or non-cooperation. In the event of cancellation of this Policy on grounds of misrepresentation, fraud, non-disclosure of material facts, the policy shall stand cancelled ab-initio and there will be no refund of premium. In the event the policy is cancelled on the grounds of non-cooperation of the insured then the premium shall be computed in accordance with company’s short period rate for the period the Policy has been in force provided no claim has occurred up to the date of cancellation.

Conditions when a claim arises:

6) In the event of any occurrence, which might give rise to a claim under this Policy, the Insured

shall- a) Immediately notify the Company by telephone as well as in writing giving an indication as to

the nature and extent of loss or damage; b) take all steps within his power to minimize the extent of the loss or damage; c) preserve the parts affected and make them available for inspection by a representative or

Surveyor deputed by the Company; d) furnish all such information and documentary evidence as the Company may require; e) inform the Police authorities in case of loss or damage due to theft or burglary. The Company shall not in any case be liable for loss, damage or liability of which no notice has been received by the Company within 14 days of its occurrence.




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Upon notification being given to the Company under this condition the Insured may carry out the repair or replacement of any minor damage not exceeding Rs.2,500/-. In all other cases a representative of the Company shall have the opportunity of inspecting the loss or damage before any repairs or alterations are affected. If a representative of the Company does not carry out the inspection within a period which could be considered as adequate under the circumstances the Insured is entitled to proceed with the repairs or replacement. The liability of the Company under this Policy in respect of any item sustaining damage shall cease if said item is not repaired properly without delay.

7) The Insured shall at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or required by the Company in the interest of any rights or remedies, or of obtaining relief or indemnity from parties (other than those insured under this Policy) to which the Company shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after the Insured's indemnification by the Company.

8) If any dispute or difference shall arise as to the quantum to be paid under this Policy (liability

being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator, to be appointed in writing by the parties thereto or, if they cannot agree upon a single arbitrator within 30 days of any party invoking arbitration, the same shall be referred to a panel of three Arbitrators comprising of two Arbitrators - one to be appointed by each of the parties to the dispute/difference, and the third Arbitrator to be appointed by such two Arbitrators and arbitration shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act 1996. It is clearly agreed and understood that no dispute or difference or dispute shall be referable to arbitration as hereinbefore provided, if the Company has disputed or not accepted liability under or in respect of this Policy. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such Arbitrator/Arbitrators or Umpire of the amount of the loss or damage shall be first obtained.

9) If a claim is in any respect fraudulent, or if any false declaration is made or used in support thereof,

or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under this Policy, or if a claim is made and rejected and no action or suit is commenced within three months after such rejection or, in case of arbitration taking place as provided therein, within three months after the Arbitrator or Arbitrators or Umpire have made their award, all benefits under this Policy shall be forfeited.

10) If at the time any claim arises under this Policy there be any other insurance covering the same loss, damage or liability the Company shall not be liable to pay or contribute more than their rateable proportion of any claim for such loss, damage or liability.




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SECTION I - MATERIAL DAMAGE – The Company hereby agrees with the Insured (subject to the exclusions and conditions contained herein or endorsed hereon) that if, at any time during the period of insurance stated in the Schedule, or during any further period of extension thereof the property (except packing materials of any kind) or any part thereof described in the Schedule be lost, damaged or destroyed by any cause, other than those specifically excluded hereunder, in a manner necessitating replacement or repair the Company will pay or make good all such loss or damage upto an amount not exceeding in respect of each of the items specified in the Schedule the sum set opposite thereto and not exceeding in the whole the total Sum Insured hereby. The Company will also reimburse the Insured for the cost of clearance and removal of debris following upon any event giving rise to an admissible claim under this Policy but not exceeding in all the sum (if any) set opposite thereto in the Schedule.

EXCLUSIONS TO SECTION – I

The Company, shall not, however, be liable for –

a) the first amount of the loss arising out of each and every occurrence shown as Excess in the Schedule;

b) loss discovered only at the time of taking an inventory; c) normal wear and tear, gradual deterioration due to atmospheric conditions or lack of use or

obsolescence or otherwise, rust, scratching of painted or polished surfaces or breakage of glass;

d) loss or damage due to faulty design; e) the cost of replacement, repair or rectification of defective material and/or workmanship, but

this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and/ or workmanship;

f) the cost necessary for rectification or correction of any error during construction unless resulting in physical loss or damage;

g) loss of or damage to files, drawings, accounts, bills, currency, stamps, deeds, evidence of debt, notes, securities, cheques, packing materials such as cases, boxes, crates;

h) any damage or penalties because the Insured’s non-fulfilment of the terms of delivery or completion under his Contract of construction or of any obligations assumed there under or lack of performance including consequential loss of any kind or description or for any aesthetic defects or operational deficiencies;

i) loss of or damage to vehicles licensed for general road use or water borne vessels or machinery/equipment mounted or operated or fixed on floating vessels/craft/barges or aircraft.

PROVISIONS APPLYING TO SECTION – I

Memo 1 - SUM INSURED – It is a requirement of this insurance that the sum of insurance stated in the Schedule shall not be less than the completely erected value of the property inclusive of freights, custom duty, and erection cost and the Insured undertakes to increase or decrease the amount of insurance in the event of any




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material fluctuation in the level of wages or prices. Provided always that such increase or decrease shall take effect only after the same has been recorded on the Policy by the Company. If in the event of the occurrence of a loss, or damage it is found that the Sum Insured representing the completely erected value of the property and/or of particular items involved is less than the amount required to be insured, then the amount recoverable by the Insured under this Policy shall be reduced in such proportion as the Sum Insured bears to amount required to be insured. Memo 2 - PREMIUM ADJUSTMENT – The Sum Insured under the Policy representing the complete value of the contract works shall be adjustable at completion of the construction on the basis of actual values to be declared by the Insured in respect of freight and handling charges, customs dues and construction cost and difference in premium shall be met with by payment at the rate agreed to or by the Insured as the case may be. Any increase or decrease in the prime cost of materials shall not be the subject matter of premium adjustment. Memo 3 - REINSTATEMENT OF SUM INSURED – In the event of loss or damage the insurance shall notwithstanding be maintained in force during the period of insurance for the Sum Insured the Insured undertaking to pay a pro-rata additional premium on the full amount of each claim for the loss or damage from the date of such loss to the expiry of the period of Insurance. Memo 4 - BASIS OF LOSS SETTLEMENT – In the event of any loss or damage the basis of any settlement under this Policy shall be – a) in the case of damage which can be repaired the cost of repairs necessary to restore the property

to their condition immediately before the occurrence of the damage less salvage, or b) in the case of a total loss - the actual value of the property immediately before the occurrence

of the loss less salvage; however, only to the extent the cost claimed has to be borne by the Insured and to the extent they are included in the Sum Insured and provided always that the provisions and conditions have been complied with.

All damages, which can be repaired, shall be repaired, but if the cost of repairing any damage equals or exceeds the value of the property immediately before the occurrence of the damage, the settlement shall be made on the basis provided for in (b) above. The cost of any provisional repairs will be borne by the Company if such repairs constitute part of the final repairs and do not increase the total repair expenses. The cost of any alterations, additions and/or improvements shall not be recoverable under this Policy.




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Memo 5 - EXTENSION OF COVER – Any extra charges incurred for overtime, work on holidays, express freight (excluding air freight) are not covered by this insurance unless agreed upon at an additional premium to be prescribed by the Company. Memo 6 - CONSTRUCTION PLANT AND MACHINERY – Loss of or damage to Construction Plant and Machinery excludes loss or damage directly caused by its own explosion or its own mechanical or electrical breakdown or derangement. Memo 7 - SURROUNDING PROPERTY – Loss of or damage to property located on or adjacent to the site and belonging to or held in care custody or control of the Principal (s) or the Contractor(s) shall only be covered if occurring directly due to the construction of the items insured under Section I and happening during the period of cover and provided that a separate Sum therefore has been entered in the Schedule under Section I, for Principal’s surrounding specified property. This cover does not apply to construction/erection machinery, plants and equipment.

Memo 8 - MAJOR PERILS/AOG Perils – The major perils/Acts of God claims shall mean claims arising out of – a) Earthquake - Fire & Shock b) Landslide/Rockslide/Subsidence c) Flood/Inundation d) Storm/Tempest/Hurricane/Typhoon/Cyclone/Lightning or other atmospheric disturbances. e) Collapse f) Water damage for ‘wet’ risks i.e. contract involving works in rivers, canals, lakes or sea.

Memo 9 - REINSTATEMENT OF THE INDEMNITY LIMIT - Reinstatement of the indemnity limit on payment of additional premium after occurrence of claim can be allowed for extensions like express freight, overtime, surrounding property, airfreight. However, in respect of Third Party Liability, reinstatement can be allowed upto overall limit of Rs.1 crore during entire Policy period.

Memo 10 - THIRD PARTY LIABILITY – Third party liability (TPL) cover cannot be granted during extended maintenance. SECTION II - THIRD PARTY LIABILITY – The Company will indemnify the Insured against – a) legal liability for accidental loss or damage caused to property of other persons including

property held in trust by or under custody of the Insured for which he is responsible excluding any such property used in connection with construction thereon.




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b) legal liability (liability under contract excepted) for fatal or non-fatal injury to any persons other

than the Insured’s own employees or workmen or employees of the owner of the works or premises or other firms connected with any other construction work thereon, or members of the Insured's family or of any of the aforesaid; directly consequent upon or solely due to the construction of any property described in the Schedule.

Provided that the total liability of the Company during the period of insurance under this clause shall not exceed the limits of indemnity set opposite thereto in the Schedule. In respect of a claim for compensation to which the indemnity provided herein applies, the Company will, in addition, indemnify the Insured against – a) all costs and expenses of litigation recovered by any claimant from the Insured, b) all costs and expenses incurred with the written consent of the Company. The exclusion contained in paragraphs (d), (f) & (g) in Section I of this Policy shall apply also to this Section.

EXCLUSIONS TO SECTION II – The Company will not indemnify the Insured in respect of – 1. The Excess stated in the Schedule to be borne by the Insured in any one occurrence related to

property damage. 2. Expenditure incurred in doing or redoing or making good or repairing or replacing anything

covered or coverable under Section I of this Policy; 3. Liability consequent upon -

(a) bodily injury to or illness of employees or workmen of the Contractor(s) or the Principal(s) or any other firm connected with the project which or part of which is insured under Section I, or members of their families;

(b) Loss of or damage to property belonging to or held in care custody or control of the Contractor(s), the Principal(s) or any other firm connected with the project which or part of which is insured under Section - I, or an employee or workman of one of the aforesaid;

(c) any accident caused by vehicles licensed for general road use or by waterborne vessels or aircraft;

(d) any agreement by the Insured to pay any sum by way of indemnity or otherwise unless such liability would have attached also in the absence of such agreement.

CONDITIONS APPLYING TO SECTION II –

1. No admission, offer, promise, payment or indemnity shall be made or given by or on behalf of

the Insured without the written consent of the Company who shall be entitled, if they so desire, to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute for their own benefit in the name of the Insured any claim for indemnity or damage or otherwise and shall have full discretion in the conduct of any proceeding or in the settlement




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of any claim and the Insured shall give all such information and assistance as the Company may require.

2. The Company may, so far as any accident is concerned, pay to the Insured the limit of indemnity for anyone accident/ anyone period, but deducting therefrom in such case any sum/s already paid as compensation in respect thereof or any lesser sum for which the claim or claims arising from such accident can be settled and the Company shall thereafter be under no further liability in respect of such accident under this Section.

ENDORSEMENTS Following endorsements shall be attached to the policies whenever applicable – 1. PIPE LINE CONSTRUCTION –

Notwithstanding the conditions and provisions and endorsements of the policy, it is understood and agreed that the following special conditions shall apply –

a) Excavated material shall be deposited at least one meter away from the trench. b) The length of trenches totally or partially opened at any one time shall never exceed in respect

of any one work face meters all work faces’ combined total meters. c) Pipe shall be secured against heaving or floating up by covering them sufficiently and as soon

as practicable. d) The open ends of pipes shall be provisionally sealed at the end of each working day or in the

event of immediate danger of flooding, otherwise expenses for clearing and cleaning of mud-filled pipeline sections shall not be indemnified.

e) Loss or damage arising from pressure testing producing tensions exceeding the yield point guaranteed by the manufacturer shall not be covered.

f) Loss of testing media shall not be covered. g) Cost incurred in searching for leaks are indemnified - - up to but not exceeding the limit per event of - up to an aggregate limit for the policy period of however only if the leaks are a consequence

of an insured event. h) The Insurer is not liable for any claims due to pollution from any cause whatsoever.

2. EXCLUSION OF LOSS OF STABILISING FLUID –

Notwithstanding the conditions, provisions and other endorsements of the policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of loss of bentonite or other stabilizing fluid even if the quantity of losses originally expected is exceeded. 3. ROAD CONSTRUCTION –

It is hereby warranted and agreed that, notwithstanding anything contained in this policy to the contrary, the following special conditions shall apply - The length of the working area (excavation and construction of coffer etc., however except final surfacing) shall never exceed ………..meters at any work face and a total of meters at all work faces combined.




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4. PILING CONSTRUCTION - Notwithstanding the conditions, provisions and other endorsements of the Policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of -

i) Loss of or damage to piles and/or casings due to misplacement, jamming and/or extraction

thereof. ii) Costs incurred in case of abandoned piling work, for any reasons not related to accidental loss or

damage and mainly due to unforeseen ground conditions when piles cannot be driven to the required depth.

5. ABANDONMENT OF SHAFTS –

It is hereby agreed and declared that, notwithstanding anything contained in the contrary, this endorsement excludes any loss or damage resulting as a consequence of shaft being abandoned due to any reason whatsoever. 6. CROPS, FORESTS, CULTIVATED AREAS –

Notwithstanding the conditions, provisions and other endorsements of the Policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of any loss, damage or liability directly or indirectly caused to crops, forests and/or other cultures during the execution of the contract works. 7. EXISTING UNDERGROUND CABLES –

Notwithstanding the conditions, provisions and other endorsements of the Policy, it is understood and agreed that the following special conditions shall apply - The Insurers shall not be liable under the Policy to indemnify loss or damage to existing underground cables or pipes of any kind (electric cables, telephone cables, water and gas pipes, sewers and other pipelines, etc.) unless prior to the commencement of works –

- the Insured had requested and obtained from the public authorities or the owners of such an underground system the exact position of all cables or pipes.

- the Insured had traced their existence and indicated location.

The indemnity shall in any case be restricted to the repair costs of such cables or pipes. Any consequential damage shall be excluded from the policy cover. 8. CONTRACT WORKS TIME SCHEDULE –

Notwithstanding the conditions, provisions and other endorsements of the Policy it is understood and agreed that – i. The contract works time schedule together with plans, documents and specifications supplied

and any other statements made by the Insured with respect of works programme is deemed to be incorporated herein.




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ii. The Insurers shall not indemnify the Insured in respect of loss or damage caused by, or arising

out of, or aggravated by deviations from the contract works time schedule exceeding four weeks, unless the Insurers had agreed in writing to such a deviation before a loss occurred.

This memo applies only to the dam works during period of river diversion. 9. TEMPORARY ACCESS ROADS - Irrespective of the periods of Insurance specified in the Policy, the Insurer will indemnify the Insured only for unforeseen accidental loss or damage to temporary access roads insured under the Policy if such loss or damage occurs prior to such roads being completed or taken into use for their purpose by the contractors, whichever takes place first. 10. SPECIAL CONDITIONS CONCERNING THE CONSTRUCTION OF DAM AND WATER RESERVOIR -

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in Policy or endorsed thereon the Insurers will not indemnify the Insured in respect of - a) Grouting of soft rock areas and/or other additional safety measure even if their necessity

arises only during construction,

b) expenses incurred for dewatering even if the quantities of water originally expected are exceeded substantially,

c) loss or damage due to breakdown of the dewatering system if such breakdown could have been avoided by sufficient stand-by facilities,

d) expenses incurred for additional sealing or water proofing and additional facilities for the discharge of run off and or underground water,

e) expenses incurred for the repairs of eroded slopes or other graded areas, if the Insured has failed to take the measures required or to take them in time,

f) loss or damage due to subsidence if caused by insufficient compacting, cracks and leakage not caused by Insured peril.

11. SPECIAL CONDITIONS CONCERNING SAFETY MEASURES WITH RESPECT TO PRECIPITATION,

FLOOD AND INUNDATION -

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the Insurers shall indemnify the Insured for loss, damage or liability caused directly or indirectly by precipitation only if adequate precautions have been taken in designing and executing the project involved. In this context, adequate precautions shall mean that allowance is made for precipitation, flood and inundation up to a return period of 10 years for the location insured and the entire policy period on the basis of statistics prepared by the Meteorological agencies.

Loss, damage or liability resulting from the Insured’s not immediately removing obstruction (e.g. sand, trees) from watercourses, whether carrying water or not, in order to maintain free water flow shall not be indemnifiable.




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12. SPECIAL CONDITIONS CONCERNING REMOVAL OF DEBRIS FROM LANDSLIDES –

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon, the insurer shall not indemnify the insured in respect of: - Expenses incurred for the removal of debris from the landslide in excess of the costs of

excavating the original materials from the area affected by such landslides.

- Expenses incurred for the repair of eroded slopes or other graded areas if the Insured has failed to take the measures required or to take them in time to time.

13. ENDORSEMENT FOR ESCALATION PROVISION –

‘In consideration of the payment of an additional premium of Rs. . It is hereby declared and agreed that the Company shall provide for escalation in Sum Insured under items of Section I of the schedule attached to the policy up to % of the Original Site value, the basis of claim settlement shall be the original Site value of effected equipment plus increase in cost of replacement, if any, provided that the increase in the value of such equipment does not exceed % of the original site value.

It is also hereby declared and agreed that in the event of a claim the insured would be considered as fully insured up to the Sum Insured inclusive of % increase as per selected escalation and under- insurance would apply only in the event of the cost of replacement of the effected equipment exceeding the original value of selected % towards escalation.

It is however understood and agreed that the premium collected against price escalation herein above shall not be subject to refund the premium adjustment clause in the memo 2 of the policy. It is further understood and agreed that in case of additional premium chargeable during final adjustment, additional escalation premium will be charged to the insured but in case of any premium refundable during final adjustment no refund shall be allowed against the escalation premium already charged to the insured’. 14. TERRORISM DAMAGE COVER ENDORSEMENT (Material Damage only)

INSURING CLAUSE Subject otherwise to the terms, exclusions, provisions and conditions contained in the Policy and in consideration of the payment by the Insured to the Company of additional premium as stated in the Schedule, it is hereby agreed and declared that notwithstanding anything stated in the ‘Terrorism Risk Exclusion” of this Policy to the contrary, this Policy is extended to cover physical loss or physical damage occurring during the period of this Policy caused by an act of terrorism, subject to the exclusions, limits and excess described hereinafter. For the purpose of this cover, an act of terrorism means an act or series of acts, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), or unlawful associations, recognized under Unlawful Activities (Prevention) Amendment Act, 2008 or any other related and applicable national or state legislation formulated to combat unlawful and terrorist




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activities in the nation for the time being in force, committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public in fear for such purposes. This cover also includes loss, damage, cost or expense directly caused by, resulting from or in connection with any action taken in suppressing, controlling, preventing or minimizing the consequences of an act of terrorism by the duly empowered government or Military Authority. Provided that If the Insured is eligible for indemnity under any government compensation plan or other similar scheme in respect of the damage described above, this Policy shall be excess of any recovery due from such plan or scheme.

For the purpose of the aforesaid inclusion clause, "Military Authority" shall mean armed forces, para military forces, police or any other authority constituted by the government for maintaining law and order. LOSSES EXCLUDED

This cover shall not indemnify loss of or damage to property caused by any or all of the following:

1. Loss by seizure or legal or illegal occupation;

2. Loss or damage caused by: i) voluntary abandonment or vacation, ii) confiscation, commandeering, nationalisation, requisition, detention, embargo,

quarantine, or any result of any order of public or government authority, which deprives the Insured of the use or value of its property;

3. Loss or damage arising from acts of contraband or illegal transportation or illegal trade;

4. Loss or damage directly or indirectly arising from or in consequence of the seepage and or discharge of pollutants or contaminants, which pollutants and contaminants shall include but not be limited to any solid, liquid, gaseous or thermal irritant, contaminant or toxic or hazardous substance or any substance the presence, existence or release of which endangers or threatens to endanger the health, safety or welfare of persons or the environment;

5. Loss or damage arising directly or indirectly from or in consequence of chemical or biological emission, release, discharge, dispersal or escape or chemical or biological exposure of any kind;

6. Loss or damage arising directly or indirectly from or in consequence of asbestos emission, release, discharge, dispersal or escape or asbestos exposure of any kind;

7. Any fine, levy, duty, interest or penalty or cost or compensation/damages and/or other assessment which is incurred by the Insured or which is imposed by any court, government agency, public or civil authority or any other person;

8. Loss or damage by electronic means including but not limited to computer hacking or the introduction of any form of computer virus or corrupting or unauthorised instructions or code




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or the use of any electromagnetic weapon. This exclusion shall not operate to exclude losses (which would otherwise be covered under this Policy) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile;

9. Loss or damage caused by vandals or other persons acting maliciously or by way of protest or strikes, labour unrest, riots or civil commotion;

10. Loss or increased cost occasioned by any public or government or local or civil authority’s enforcement of any ordinance or law regulating the reconstruction, repair or demolition of any property insured hereunder;

11. Any consequential loss or damage, loss of use, delay or loss of markets, loss of income, depreciation, reduction in functionality, or increased cost of working;

12. Loss or damage caused by factors including but not limited to cessation, fluctuation or variation in, or insufficiency of, water, gas or electricity supplies and telecommunications or any type of service;

13. Loss or increased cost as a result of threat or hoax;

14. Loss or damage caused by or arising out of burglary, house - breaking, looting, theft, larceny or any such attempt or any omission of any kind of any person (whether or not such act is committed in the course of a disturbance of public peace) in any action taken in respect of an act of terrorism;

15. Loss or damage caused by mysterious disappearance or unexplained loss;

16. Loss or damage directly or indirectly caused by mould, mildew, fungus, spores or other micro-organism of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;

17. Total or partial cessation of work or the retardation or interruption or cessation of any process or operations or omissions of any kind.

LIMIT OF INDEMNITY The limit of indemnity under this cover shall not exceed the Total Sum Insured given in the Policy Schedule or INR 20,000,000,000 whichever is lower. In respect of terrorism cover for dwelling, limit of indemnity shall not exceed Total Sum Insured as mentioned in the Policy Schedule or INR 4,000,000,000 per compound/location whichever is lower. In respect of several locations being covered under a single policy on a floater basis, the maximum aggregate loss suffered from all the locations mentioned in the Policy Schedule shall not exceed Total Sum Insured as mentioned in the Policy Schedule or INR 20,000,000,000/- whichever is lower. In respect of several insurance policies within the same compound/location with one or different




Page 15 of 25

insurers, the maximum aggregate loss payable per compound/location by any one or all insurers shall be INR 20,000,000,000. If the actual aggregate loss suffered at one compound/location is more than INR 20,000,000,000, the amounts payable towards individual policies shall be reduced in proportion to the sum insured of the policies. EXCESS Industrial Risks: 5% of the claim amount for each and every claim subject to Minimum of INR 100,000 and Maximum of INR 25,00,000.

ADD ON COVERS It is further declared and agreed that the limit of indemnity including the claim on add on cover(s) shall not exceed total sum insured plus separate sublimit opted for add on cover(s) or INR20,000,000,000 whichever is lower. In respect of several insurance policies with in the same compound/location, the maximum aggregate loss payable per compound/location by any one or all insurers shall be INR20,000,000,000. In respect of terrorism cover for long term dwellings, limit of indemnity including the claim on add on cover(s) shall not exceed total sum insured plus separate sublimit opted for add on cover(s) or INR 4,000,000,000 whichever is lower. In respect of several insurance policies with in the same compound/location, the maximum aggregate loss payable per compound/location by any one or all insurers shall be INR4,000,000,000/-

MID TERM COVER In case the coverage under this endorsement is granted during the currency of the policy, no claims will be payable for loss or damage to property caused by an act of terrorism occurring during the first 15 (fifteen) days from the date of granting such cover.

SANCTION, LIMITION AND EXCLUSION CLAUSE No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, law or regulations of the European Union, United Kingdom or United States of America.

CANCELLATION CLAUSE Notwithstanding the cancellation provisions relating to the basic insurance policy on which this endorsement is issued, there shall be no refund of premium allowed for cancellation of the Terrorism risk insurance during the period of insurance except where such cancellation is done along with the cancellation of the basic insurance. Where a policy is cancelled and rewritten mid-term purely for the purpose of coinciding with the accounting year of the insured, pro-rate refund of the cancelled policy premium will be allowed.




Page 16 of 25

If the cancellation is for any other purpose, refund of premium will only be allowed after charging short term scale rates.

The definitions, terms and conditions of main Policy save as modified or endorsed herein shall apply. Additional Covers 1. 50/50 Clause Attached to and forming part of the Policy No. _________ In respect of the subject matter Insured hereunder consigned from outside India:

• The Insured hereby undertakes to inspect each item of the subject matter Insured upon arrival at the contract site for possible damage sustained during transit.

• In the case of packed items which are to be left in their packaging until a later date the packaging is to be visually inspected for signs of possible damage and where such damage is visible the items are to be unpacked and inspected and any damage discovered reported to the marine insurers.

• Where the packaging of an item shows no visible signs of damage to such item having been sustained during transit any subsequent damage discovered upon unpacking will be dealt with by the Marine Insurers or the EAR Insurers according to whether it can be clearly established that such damage was caused before or after arrival at the contract site.

• Where it is not possible to clearly establish whether the damage to an item was caused before or after arrival at the contract site it is hereby agreed that the cost of such damage shall be shared equally between the Marine Insurers and the EAR Insurers, provided such a clause is included in the Marine Policy also.

2. 72 Hours Clause Attached to and forming part of the Policy No. _________ It is agreed that any loss of or damage to the Insured Property arising during any one period of seventy-two (72) consecutive hours, caused by storm, tempest, flood or earthquake shall be deemed as a single event and therefore to constitute one occurrence with regard to the Excesses provided for herein. For the purpose of the foregoing the commencement of any such seventy-two (72) hours period shall be decided at the discretion of the Insured it being understood and agreed, however, that there shall be no overlapping in any two or more such seventy-two (72) hours periods in the event of damage occurring over a more extended period of time.




Page 17 of 25

3. Special Conditions Concerning Fire Fighting Facilities Attached to and forming part of the Policy No. _________ It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Company shall only indemnify the Insured for loss or damage resulting directly or indirectly from fire and/or explosion if the following requirements are fulfilled: -

• Adequate fire-fighting equipment and extinguishing agents of sufficient capacity must always be available at the site and ready for immediate use.

• Sufficient number of workmen must be fully trained in the use of such equipment and must be available for immediate intervention at all times.

• If storage of material for the construction or erection of the contract works is necessary at site or any other location within India, storage must be subdivided into storage units not exceeding the equivalent value of Rs. ------- per storage unit. The individual storage units must either be at least 10 meters apart or separated by fire-proof walls.

• All inflammable materials (such as shuttering material not fitted for concreting, litter, etc.) and especially all inflammable liquids and gases must be stored at a sufficiently large distance from the property under construction or erection and any hot work like welding etc.

• Provided further that in respect of storages of Indian sourced materials at locations other than the site, the amount payable shall not exceed Rs. ---------- at any one location.

• Welding, soldering or the use of an open flame in the vicinity of combustible material is permitted only if at least one workman suitably equipped with extinguishers and well trained in fire-fighting is present.

• At the beginning of testing all fire-fighting facilities designed for the operation of the plant must be installed and serviceable.

4. Professional Fees Clause Attached to and forming part of the Policy No. _________ The Indemnity provided by this Policy is extended to include Architects, Surveyors and Consulting Engineers or other Professional Fees necessarily incurred in the reinstatement of the Insured Property consequent upon loss or damage but not for preparing any claim, it being understood that the amount payable for such fees shall not exceed those authorised under the scale of the appropriate Professional Body. The liability of the Company under this endorsement shall in no case exceed 10% of the loss amount per any one occurrence and Rs.---------- in the aggregate. 5. Loss Minimisation Expenses Attached to and forming part of the Policy No. _________ If upon the happening of any peril hereby Insured resulting in actual damage to the Insured Property the Insured shall take all steps to minimise further loss or damage arising from that occurrence or accident, expenses necessarily and reasonably incurred by or on behalf of the Insured in an attempt to prevent or minimise such further loss or damage will be Indemnified up to a limit of Rs. --------- in the aggregate.




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6. Extended maintenance cover Attached to and forming part of the Policy No. _________ It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and Insured having paid the agreed extra premium this insurance shall be extended for the maintenance period specified hereunder to cover loss of or damage to the contract works. • Caused by the Insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract.

• Occurring during the maintenance period, provided such loss or damage was caused on the site during the erection period before the certificate of completion for the lost or damaged section was issued.

Maintenance Period ------- months.

7. Waiver of Contribution

Attached to and forming part of the Policy No. _________ It is hereby agreed and understood that otherwise subject to the terms exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Company shall waive all their rights on any other insurance effected by on or behalf of the insured from contributing rateably to the loss or damage in whole or in part , provided the liability of the Company hereunder shall be limited to such proportion of the loss or damage as the Limit of Indemnity herein bears to the actual value at risk. It is further agreed that the said waiver of contribution shall be restricted between Principal and the Contractor and should not be waived for others. Grievance Redressal Procedure:

At DHFL General Insurance, we want your relationship with insurance to soar beyond what you’ve

experienced yet. To understand, appreciate, and enjoy insurance—we’re here for you. You can

connect with us on the following channels.

Call us on our Toll Free 1800 123 0004 (From 8 am to 8 pm) for any queries that you may have!

a. Email your queries to [email protected].

b. Visit our website www.dhflinsurance.com to register & track your queries.

c. Please walk in to any of our branches or partner locations.






Page 19 of 25

d. You can also dispatch your letters to us at:

DHFL General Insurance Ltd.

2nd Floor, DHFL House, 19, Sahar Road, (Off Western Express Highway),

Ville Parle (East), Mumbai Maharashtra – 400099

We request you to please mention your complete details: Full Name, Policy Number and Contact Details

in all your communications, to enable our customer experience expert to connect with you and provide

you with the quickest possible solution.

We’ll make sure to acknowledge your service request within 3 working days—and try and resolve it to

your satisfaction within 15 working days. That’s a promise!

Escalation

Level 1: While we attempt to give you best-in-class and prompt resolution for any concerns—

sometimes it may not be perfect. If you felt that you weren’t offered a perfect resolution, please feel

free to share your feedback to our Customer Experience team at

[email protected]

Level 2:

If you still are not happy about the resolution provided, then you may please write to our Head

Customer Experience and Redressal Manager at [email protected]

If your concern remains unresolved after having followed the above escalation procedure, then you

may please approach the Insurance Ombudsman for Redressal. To know who your Insurance

Ombudsman is—simply refer to the list below/overleaf.

Contact details of Insurance Ombudsman are available at our website www.dhflinsurance.com

OMBUDSMAN AND ADDRESSES: Refer the below link

http://www.gbic.co.in/ombudsman.html






http://www.gbic.co.in/ombudsman.html


Page 20 of 25

NAMES OF OMBUDSMAN AND ADDRESSES OF OMBUDSMAN CENTRES

S. No. CONTACT DETAILS JURISDICTION OF OFFICE

1 AHMEDABAD

Office of the Insurance Ombudsman,

2nd floor, Ambica House,

Near C.U. Shah College,

5, Navyug Colony, Ashram Road,

Ahmedabad – 380 014.

Tel.: 079 - 27546150 / 27546139

Fax: 079 – 27546142

Email: [email protected]

State of Gujarat and Union Territories of

Dadra & Nagar Haveli and Daman and Diu

2 BENGALURU


Jeevan Soudha Building,

PID No. 57-27-N-19

Ground Floor, 19/19, 24th Main Road,

JP Nagar, Ist Phase,

Bengaluru – 560 078.

Tel.: 080 - 26652048 / 26652049


Karnataka






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3 BHOPAL


Janak Vihar Complex, 2nd Floor,

6, Malviya Nagar, Opp. Airtel Office,

Near New Market,

Bhopal – 462 003.

Tel.: 0755 - 2769201 / 2769202

Fax: 0755 - 2769203


States of Madhya Pradesh and Chattisgarh.

4 BHUBANESHWAR


62, Forest park,

Bhubneshwar – 751 009.

Tel.: 0674 - 2596461 /2596455

Fax: 0674 - 2596429


State of Orissa

5 CHANDIGARH


S.C.O. No. 101, 102 & 103, 2nd Floor,

States of Punjab, Haryana, Himachal

Pradesh, Jammu & Kashmir and Union

territory of Chandigarh.

Batra Building, Sector 17 – D,

Chandigarh – 160 017.

Tel.: 0172 - 2706196 / 2706468

Fax: 0172 - 2708274








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6 CHENNAI


Fatima Akhtar Court, 4th Floor, 453,

Anna Salai, Teynampet,

CHENNAI – 600 018.

Tel.: 044 - 24333668 / 24335284

Fax: 044 - 24333664


State of Tamil Nadu and Union Territories -

Pondicherry Town and Karaikal (which are

part of Union Territory of Pondicherry).

7 DELHI


2/2 A, Universal Insurance Building,

Asaf Ali Road,

New Delhi – 110 002.

Tel.: 011 - 23239633 / 23237532

Fax: 011 - 23230858


State of Delhi

8 GUWAHATI


Jeevan Nivesh, 5th Floor,

Nr. Panbazar over bridge, S.S. Road,

Guwahati – 781001(ASSAM).

Tel.: 0361 - 2132204 / 2132205

Fax: 0361 - 2732937


States of Assam, Meghalaya, Manipur,

Mizoram, Arunachal Pradesh, Nagaland and

Tripura.







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9 HYDERABAD


6-2-46, 1st floor, "Moin Court",

Lane Opp. Saleem Function Palace,

A. C. Guards, Lakdi-Ka-Pool,

Hyderabad - 500 004.

Tel.: 040 - 65504123 / 23312122

Fax: 040 - 23376599


States of Andhra Pradesh, Telangana and

Union Territory of Yanam - a part of the

Union Territory of Pondicherry

10 JAIPUR


Jeevan Nidhi – II Bldg., Gr. Floor,

Bhawani Singh Marg,

Jaipur - 302 005.

Tel.: 0141 - 2740363


State of Rajasthan

11 ERNAKULAM


2nd Floor, Pulinat Bldg.,

Opp. Cochin Shipyard, M. G. Road,

Ernakulam - 682 015.

Tel.: 0484 - 2358759 / 2359338

Fax: 0484 - 2359336


Kerala, Lakshadweep, Mahe-a part of

Pondicherry

12 KOLKATA


Hindustan Bldg. Annexe, 4th Floor,

4, C.R. Avenue,

States of West Bengal, Bihar, Sikkim and

Union Territories of Andaman and Nicobar

Islands







Page 24 of 25

KOLKATA - 700 072.

Tel.: 033 - 22124339 / 22124340

Fax : 033 - 22124341


13 LUCKNOW


6th Floor, Jeevan Bhawan, Phase-II,

Nawal Kishore Road, Hazratganj,

Lucknow - 226 001.

Tel.: 0522 - 2231330 / 2231331

Fax: 0522 - 2231310


District of Uttar Pradesh: Lalitpur, Jhansi,

Mahoba, Hamirpur, Banda, Chitrakoot,

Allahabad, Mirzapur, Sonbhabdra,

Fatehpur, Pratapgarh, Jaunpur, Varansi,

Gazipur, Jalaun, Kanpur, Lucknow, Unnao,

Sitapur, Lakhimpur, Bahraich, Barabanki,

Raebareli, Sravasti, Gonda, Faizabad,

Amethi, Kaushambi, Balrampur, Basti,

Ambedkarnagar, Sulanpur, Maharajganj,

Santkabirnagar, Azamgarh, Kaushinagar,

Gorkhpur, Deoria, Mau, Chandauli, Ballia,

Sidharathnagar.

14 MUMBAI


3rd Floor, Jeevan Seva Annexe,

S. V. Road, Santacruz (W),

Mumbai - 400 054.

Tel.: 022 - 26106552 / 26106960

Fax: 022 - 26106052


States of Goa, Mumbai Metropolitan

Region excluding Navi Mumbai & Thane.

15 NOIDA


Bhagwan Sahai Palace

4th Floor, Main Road,

Naya Bans, Sector 15,

Distt: Gautam Buddh Nagar,

U.P-201301.

Tel.: 0120-2514250 / 2514251 / 2514253

States of Uttaranchal and the following

Districts of Uttar Pradesh:. Agra, Aligarh,

Bagpat, Bareilly, Bijnor, Budaun,

Bulandshehar, Etah, Kanooj, Mainpuri,

Mathura, Meerut, Moradabad,

Muzaffarnagar, Oraiyya, Pilibhit, Etawah,

Farrukhabad, Firozabad, Gautam Budh

Nagar, Ghaziabad, Hardoi, Shahjahanpur,

Hapur, Shamli, Rampur, Kashganj, Sambhal,

Amroha, Hathras, Kanshiramnagar,

Saharanpur









Page 25 of 25

16 PATNA


1st Floor,Kalpana Arcade Building,,

Bazar Samiti Road,

Bahadurpur,

Patna 800 006.

Tel.: 0612-2680952


States of Bihar and Jharkhand

17 PUNE


Jeevan Darshan Bldg., 3rd Floor,

C.T.S. No.s. 195 to 198,

N.C. Kelkar Road, Narayan Peth,

Pune – 411 030.

Tel.: 020 - 32341320


States of Maharashtra, Area of Navi

Mumbai and Thane excluding Mumbai

Metropolitan Region

IRDAI Regulation No 17: This Policy is subject to regulation 17 of IRDAI (Protection of Policyholder’s

Interests) Regulation 2017 or any amendment thereof from time to time.



mailto:[email protected].


Documents

Contractor s All Risks Insurance Policy Policy Wordings · Contractor’s All Risks Insurance Policy (Policy Wordings) IRDAI Reg No.: 155 CIN: U66000MH2016PLC28327 PRODUCT UIN: IRDAN155P0021VO1201718